Item I7
ADD-ON
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 21. 2005
Bulk Item: Y es ~ No
Division: Growth Management
Department: Planning & Environmental Res.
Staff Contact Person: K. Marlene Conaway
AGENDA ITEM WORDING:
Approval of a resolution to continue the policy of defening the acceptance and processing of
development applications and approval of development applications for the Tavernier Historic District
and for the U.S. Highway I Conidor from Tavernier Creek to Mile Marker 97 until Ordinance No. 19-
2005 and No. 20-2005 become effective or 90 days from the date of this resolution, whichever occurs
first.
ITEM BACKGROUND:
On September 1, 2005, the Interim Development Ordinance No. I 1 ~2005 and No.12-2005 defening
acceptance, processing, and approval of development applications in the U.S. Highway 1 Conidor and
the Tavernier Historic Overlay District expired. On August 17, 2005, the Board of County
Commissioners adopted Ordinance No. I 9~2005 (Tavernier Historic Overlay District and Ordinance
No.20~2005 (U.S. Highway 1 District Overlay), which were sent to DCA on September 13, 2005.
As these ordinances will not go into effeet until approved by DCA, the expiration of the two interim
development ordinances means that the affected areas will be unprotected from unregulated
development during the interim period if the policy of not differing development applications is not
extended until design standards and guidelines become effective. The proposed resolution extends the
deferral date on applications from the effective date of the resolution until the ordinances adopted by
the Board of commissioners become effective or until the passage of 90 days whichever comes first.
PREVIOUS RELEVANT BOCC ACTION: Adopted Ordinances No. ] 1-2005 and No. 12-2005 on
June 15,2005.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty -1L- OMS/Purchasing _ RisIy~gement ~
I II ;
.. I / J
I f I
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
Not Required~
DISPOSITION:
AGENDA ITEM #
RESOLUTION NO. 2005
A RESOLUTION DIRECTING ST AFF OF THE GROWTH
MANAGEMENT DIVISION TO CONTINUE THE POLICY OF
DEFERRING THE ACCEPTANCE AND PROCESSING OF
DEVELOPMENT APPLICATIONS AND THE ISSUANCE OF
DEVELOPMENT APPROV ALS FOR THE TAVERNIER
HISTORIC DISTRICT AND FOR THE U .S. HIGHWAY 1
CORRIDOR FROM TAVERNIER CREEK TO MILE MARKER
97; DEFERRING THE ACCEPTANCE OF DEVELOPMENT
APPLlCA TIONS UNTIL DESIGN STANDARDS AND
GUIDELINES WHICH HA VE BEEN ADOPTED BY THE
BOARD OF MONROE COUNTY COMMISSIONERS BECOME
EFFECTIVE OR UNTIL THE PASSAGE OF 90 DAYS FROM
THE DATE OF THIS RESOLUTION WHICHEVER OCCURS
FIRST; DIRECTING STAFF TO CONTINUE PREPARATION OF
NEW LAND DEVELOPMENT REGULATIONS.
WHEREAS, the Monroe County Board of County Commissioners at their meeting
on June 15, 2005 adopted Ordinance No. 011-2005 deferring the acceptance of
development applications until design and standards guidelines could be adopted for
development occurring within the U.S. Highway 1 corridor between Tavernier Creek and
Mile Marker 97; and
WHEREAS, the Board also adopted Ordinance No. 012-2005 on June 15, 2005
deferring the acceptance of development applications until design and standards
guidelines are adopted for development within the boundaries of the Tavernier Historic
District Overlay; and
\VHEREAS, said ordinances expired on September 1,2005; and
WHEREAS, on August 17, 2005 the Board adopted Ordinance No 019-2005
establishing the development review standards and guidelines for the Tavernier Historic
Overlay District; and
WHEREAS, the Board also adopted Ordinance No 020-2005 on August 17,2005
establishing the development standards and guidelines for Tavernier Creek and Mile
Marker 97 U.S. Highway 1 District Overlay and transmitted the above ordinances to
DCA on September 13, 2005; and
WHEREAS, said ordinances have not yet been processed by the DCA pursuant
to Chapter 380 which requires a written waiver of appeal be executed by DCA and
transmitted to Monroe County and for an additional appeal period of 21 days to expire
before the ordinance becomes effective; and
\VHEREAS, there exists a gap in time between the expiration of the Interim
Development Ordinances and the adoption of the new design standards and guidelines
such that property within the Tavernier Historic District and Overlay areas will be
unprotected from unregulated development during the interim time period if the policy of
deferring development applications is not extended until desi!,Tfi standards and guidelines
can become effective.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
Section 1.
Section 2.
Section 3.
Section 4.
Pursuant to the pending legislation doctrine in Smith v. City of
Clearwater, 383 So. 2d 681 (Fla. 2nd DCA 1980), County staff shall
continue thc policy of deferring the processing of development
applications and halting the issuance of development approvals within the
Tavernier Creek to Mile Marker 97 U.S. Highway I Corridor District
Overlay and within the Tavernier Historic District Overlay until such time
as the design standards and guidelines can be duly enacted by the
Department of Community Affairs in accordance with the processes sct
forth in Chapter 380 Florida Statutes for oversight of Area of Critical State
Concern.
This policy shall be in effect until the land development regulations in
Ordinance No. 019-2005 and Ordinance No. 020-2005 which have been
adopted by the Board of County Commissioners become effective or until
the passage of 90 days, whichever occurs first.
Until expiration of this Resolution, no building permit application or
planning approval identified in Section 1 herein shall be granted pursuant
to an application or request with a submittal date of September 28, 2005 or
later.
Growth Management staff is directed to continue the preparation and
adoption of land development regulation amendments and other
supporting studies in cooperation with the Planning Commission to
address the need for maintaining the historic flavor of the Tavernier
Historic District Overlay and U.S. Highway I Corridor between Tavernier
Creek and Mile Marker 97.
(The remainder of this page is intentionally left blank)
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida at a meeting of said Board held on the _ day of ~_, 2005.
Mayor Dixie M. Spehar
Mayor Pro Team Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner George Neugent
Commissioner David P. Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
Mayor Dixie M. Spehar
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
MONAOE COUNTY ATTORNEY ,
,/APP~OVED~PlO~M/\q , , ,
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DEPUTY CLERK